Case law

Jones v. Potter

Court of Appeals for the Sixth Circuit · Jun 20, 2007

To do so, a plaintiff must establish each of the following five elements: (1) that he is disabled, (2) that he is otherwise qualified for the job, with or without reasonable accommodation, (3) that he suffered an adverse … Finally, the USPS argues that Jones cannot establish that his dismissal occurred solely by reason of his disability.

Katherine Amen, Plaintiffs-Appellees-Cross-Appellants v. City of Dearborn, a Municipal Corporation, Defendants-Appellants-Cross-Appellees

718 F.2d 789 · Court of Appeals for the Sixth Circuit · Oct 6, 1983

These findings are supported adequately by the record, and, therefore, are not clearly erroneous. Fed.R.Civ.P. 52(a). … It establishes a long-range financing program for implementing elements of the Master Plan over a period of time.

June M. Betts v. Hamilton County Board Of Mental Retardation And Developmental Disabilities

848 F.2d 692 · Court of Appeals for the Sixth Circuit · Jun 3, 1988

The contemporaneous filing of the original action together with the ADEA charge was clearly barred by Sec. 626(d). … She knew that she faced the potentiality of a forced medical leave under the terms of her employment and the established policy of the defendant employer.

Cleveland Jackson v. Marc Houk

687 F.3d 723 · Court of Appeals for the Sixth Circuit · Jul 24, 2012

Other cases cited by Jackson similarly fall short of establishing whether the Ohio Supreme Court violated clearly established constitutional law when it vacated one, but not both, of Jackson’s death sentences. In Ham v. … Nevertheless, the Ohio court’s holding on the murder of Leneisha Williams does not violate clearly established Supreme Court precedent.

Robert L. Alexander, M.D. v. Phillip M. Margolis, M.D.

98 F.3d 1341 · Court of Appeals for the Sixth Circuit · Oct 9, 1996

Moreover, the defendant Board members cannot be sued because they enjoy quasi-judicial immunity. … As a result, they are subject to quasi-judicial immunity from Alexander's suit. 5 Even assuming that the ADA does apply to decisions of this sort, we conclude that Alexander has not established that he is a "qualified individual

RLR Investments, LLC v. City of Pigeon Forge, Tenn.

4 F.4th 380 · Court of Appeals for the Sixth Circuit · Jul 13, 2021

Coast Line Co., 211 U.S. 210, 226 (1908)); see Van Hoven, 947 F.3d at 892 (holding that a writ of garnishment did not qualify as a judgment for Rooker-Feldman). … The Order qualifies as a judgment.

Kenneth Jerry Nunley v. Pettway Oil Company

346 F.2d 95 · Court of Appeals for the Sixth Circuit · May 27, 1965

We recognize that the right of a District Judge to comment on the evidence is firmly established in the federal system. See Quercia v. … We also recognize that the District Judge was motivated by a laudable desire to prevent a mistrial and that he clearly told the jury that it had the ultimate right to decide the issue concerned.

Equal Employment Opportunity Commission v. Ford Motor Co.

782 F.3d 753 · Court of Appeals for the Sixth Circuit · Apr 10, 2015

The potential difference in predictability in when Harris would be in the office more clearly implicates scheduled teamwork, like meetings. … When the EEOC regulations and the standards of summary judgment are faithfully applied, clearly the EEOC has presented sufficient evidence to create a genuine dispute of material fact concerning whether Harris is a qualified

Comm for Equity v. MI High School Athle

Court of Appeals for the Sixth Circuit · Aug 16, 2006

The Lions Club qualified as “a place of public accommodation” because No. 02-1127 Communities for Equity v. … Finally, in Rancho the Court established the above-discussed inference.

McCain v. Director, Office of Workers Compensation Programs

58 F. App'x 184 · Court of Appeals for the Sixth Circuit · Mar 6, 2003

But if McCain established the existence of pneumoconiosis, I am not at all sure that it was impermissible for the ALJ to conclude, as he did, that McCain still could not establish that his disability was due. even in part … Rubio’s opinion is arguably a “reasoned” one, and it does represent the firmly held view of a treating physician who was well qualified in the relevant medical specialty.

Dion R. McPherson v. Michigan High School Athletic Association, Inc., Board of Education of the Public Schools of the City of Ann Arbor

119 F.3d 453 · Court of Appeals for the Sixth Circuit · Jul 23, 1997

Clearly, therefore, the relief sought by the MHSAA in this appeal “ ‘would, if granted, make a difference to the legal interests of the parties,’” Crane, 975 *459 F.2d at 1318 (citation omitted), because the MHSAA would then … It is well-established that the two statutes are quite similar in purpose and scope.

Kevin Miller v. AXA Winterthur Insurance Co.

694 F.3d 675 · Court of Appeals for the Sixth Circuit · Sep 13, 2012

answer clearly is that it cannot.”). … Arising From The district court found that Miller has established that his cause of action does arise from Winterthur’s contacts with Michigan.

Weaver v. Jago

675 F.2d 116 · Court of Appeals for the Sixth Circuit · Apr 9, 1982

The district court concluded, without analysis, that Weaver's complaint clearly sought to have the court substitute its judgment for that of the prison administration in matters that "bear little, if any, relationship to … This Court has also noted that, "There is no requirement that a religion meet any organizational or doctrinal test in order to qualify for First Amendment protection." Sequoyah v.

United States Ex Rel. Tennessee Valley Authority v. 1.72 Acres of Land

821 F.3d 742 · Court of Appeals for the Sixth Circuit · May 5, 2016

First, the witness must be qualified by ‘knowledge, skill, experience, training, or education.’ … As a result, the court concluded, the “district court was clearly within its discretion to exclude” the landowner’s proffered evidence. Id. at 9.

Smith v. City of Salem, Ohio

378 F.3d 566 · Court of Appeals for the Sixth Circuit · Aug 5, 2004

To establish a prima facie case of employment discrimination pursuant to Title VII, Smith must show that: (1) he is a member of a protected class; (2) he suffered an adverse employment action; (3) he was qualified for the … that he failed to state a claim based on the deprivation of a constitutional or federal statutory right. 42 42 U.S.C. § 1983 provides a civil cause of action for individuals who are deprived of any rights, privileges, or immunities

West Hills Farms, LLC v. ClassicStar Farms, Inc.

727 F.3d 473 · Court of Appeals for the Sixth Circuit · Jul 18, 2013

á qualifying RICO enterprise. … On the contrary, the evidence clearly established that Defendants operated and marketed the Mare Lease Program *485 with the knowledge that ClassieStar never owned anywhere near the number of Thoroughbreds it purported to

United States v. Andrew Renfro

600 F.2d 55 · Court of Appeals for the Sixth Circuit · Jul 31, 1979

At the outset of his argument he very clearly explained to the jury that the burden was on the government to prove the appellant guilty beyond a reasonable doubt. … a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified

Staunch v. Continental Airlines, Inc.

511 F.3d 625 · Court of Appeals for the Sixth Circuit · Jan 7, 2008

The parties dispute whether Staunch qualified as an “eligible employee” under the FMLA when she sought leave related to her pregnancy beginning on January 21, 2002. … We find that Continental has clearly demonstrated that Staunch did not work 1,250 hours in the twelve months preceding her request for leave.

Joseph D. Scarso Joseph R. Scarso, a Minor v. Cuyahoga County Department of Human Services

917 F.2d 1305 · Court of Appeals for the Sixth Circuit · Nov 2, 1990

Clearly, judicial immunity applies to Judge Ruben's orders of January 30, October 5, and October 21, 1987. 10 The Supreme Court in Briscoe v. … The employees of the juvenile court are clearly necessary to the functioning of that court and, thus, are entitled to absolute immunity. 11 In Butz v.

National Home for Disabled Volunteer Soldiers v. Parrish

194 F. 940 · Court of Appeals for the Sixth Circuit · Apr 2, 1912

The contract on which recovery has been had was clearly within the statutory authority given the Home. … Had Congress intended the claimed immunity, it would seem natural % to have so declared.